United Nations Convention on the Law of the Sea (UNCLOS)

HISTORY AND PRESENT STATUS

The United Nations Convention on the Law of the Sea contains provisions for governing, inter alia, limits of national jurisdiction over ocean space, access to seas, navigation, protection and preservation of the marine environment, exploitation of living and non-living resources, scientific research, sea bed mining and the settlement of any disputes concerning application and interpretation of the Convention.

OTHER DEPARTMENTS AND COOPERATING ORGANISATIONS

Department of Environmental Affairs and Tourism
Department of Transport
Department of Mineral and Energy Affairs
South African National Defence Force
South African Navy
Academia

RELEVANT TREATIES/PROTOCOLS

The Convention on Fisheries Cooperation among African States Bordering the Atlantic Ocean.

GENERAL COMMENTS

South Africa signed the Convention on 5 December 1984 and ratified the Convention on 23 December 1997. South Africa actively participated in meetings establishing the International Seabed Authority. South Africa's Maritime Zones Act (Act 15 of 1994) complies with the Convention as regards the limits of the territorial sea, contiguous zone, exclusive economic zone and continental shelf. South Africa is presently preparing its submission for the extended continental shelf claim. This claim has to be submitted before the end of 2007. The preparation of the claim is the line-function responsibility of the Department of Mineral and Energy Affairs

UNCLOS does not establish any international programmes and essentially it represents a codification of international law rules for states to observe in marine-related operations.

However, it does institutionalise an International Sea Bed Authority to oversee exploration / exploitation of deep seabed mineral and a Commission on the Limits of the Continental Shelf.

Important provisions likely to be addressed by Sea Fisheries will ensure proper conservation of, and management measures for, living resources in the South African Exclusive Economic Zone (EEZ).

Where appropriate co-operating with competent international organisations, whether sub regional, regional or global;

Maintaining or restoring fish stocks in the EEZ to levels of maximum sustainable yield (MSY) and to ecologically sustainable levels taking into account generally recommended international minimum standards;

Exchanging scientific information, fish statistics and other data relevant to the conservation of fish stocks through competent international organisations; and promoting the optimum utilisation of living resources in the EEZ.